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Administrator of the Estate of Charles McDonald, Jr., and On Behalf of the Heirs and
Wrongful Death Beneficiaries of Charles McDonald, Jr., Deceased, and The Estate of
attorneys of record, and file this, their FIRST AMENDED COMPLAINT, and would
PARTIES
residing in Hinds County, Mississippi. She brings suit on behalf of the wrongful
Mississippi, and can be served with process at his place of employment located
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Mississippi, and can be served with process at 137 Delvin Springs Drive,
Madison, MS 39110.
served with process upon its registered agent, Jimmy Ratcliff, located at 920
5. The Circuit Court of the First Judicial District of Hinds County, Mississippi has
exclusive jurisdiction of the parties and the subject matter of this action. No other
Court has original jurisdiction of this matter. This civil action arises out of the
jurisdiction over this claim because this is an action at law seeking monetary
6. Venue is proper in this court pursuant to Miss. Code Ann. 11-11-3, since each
STATEMENT OF FACTS
7. At all pertinent times hereto, Defendant Ratliff was the President of POE.
9. On or about July 21, 2016, Plaintiff was transporting Decedent to the Henley-
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10. Upon arrival at the juvenile justice center, Decedent fled Plaintiffs vehicle and
ran to POE. Defendant Parish exited the store with a gun and aggressively
Jackson where he was pronounced dead shortly after arrival. Decedent expired
13. As a direct and proximate cause of the Defendants failure to maintain the
injured. He experienced excruciating pain and expired on July 21, 2016. Plaintiff
14. Defendants failed to provide adequate security which would have deterred
Defendant Parish from exiting the store, in possession of a firearm, posing and
15. Defendants, at all times relevant hereto, failed to prevent wanton and willful injury
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16. Defendants owed a duty to Decedent to prevent willful and wanton injury on the
17. Defendants were the owners, agents, or principals of each other or in a joint
18. Defendants, Jimmy Ratliff and Performance Oil Equipment, Inc., negligently
19. Defendants negligently entrusted a gun with Defendant Parish to carry and
CAUSES OF ACTION
20. The following actions and/or inactions of the Defendants and its agents
constituted negligence and/or breach of duties owing from the Defendants to the
Decedent:
21. The foregoing actions and/or inactions of the Defendants and their agents
constituted gross negligence, to-wit; they willfully and wantonly injured Decedent
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DAMAGES
22. As a direct and proximate result of the concurrent, intentional, willful, unlawful,
the Defendants, the Decedent expired on July 21, 2016, and on account of the
Also, Plaintiff is entitled to recover and hereby request from the Defendants,
jointly and severally, all additional damages which she is entitled to recover as a
23. Further, as a direct and proximate result of the concurrent, intentional, willful,
pain, suffering, mental anguish, agony, loss of life, loss of society, and funeral
24. Defendants negligent acts and omissions were grossly negligent and/or in
reckless disregard for the Decedent, Plaintiff, and the publics rights and safety.
Defendants.
judgment of and from the Defendants for actual and punitive damages together with all
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OF COUNSEL:
OF COUNSEL:
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